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tv   CBS 5 Eyewitness News at Noon  CBS  December 18, 2012 12:00pm-12:30pm PST

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the latest on the investigation. >> reporter: when students returned to school in newtown this morning, there was a police presence and there were grief counselors. meantime, the parents of 6-year- old jessica rekos prepared to bury her. the mourning continues in newtown, connecticut. today, another young victim will be laid to rest. on monday, mourners said a final good-bye to 6-year-old jack pinto. >> it was very sad. very sad. family took it very, you know, as hard as any parent would take it losing their first grader. >> reporter: a large crowd showed up to say good-bye to 6- year-old noah pozner. >> i started to cry. this is very close to home. >> reporter: students in the area head back to school tuesday except for sandy hook elementary students. monday, supplies and equipment were moved to a school in a neighboring town where sandy hook students will eventually return to class. >> we really need to lead with love and that's what i'm seeing
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our community do. we're putting our arms around people. >> reporter: it's still unknown why the 20-year-old gunman opened fire at the elementary school. authorities are analyzing evidence, interviewing witnesses, and looking at the shooter's smashed home computer hoping to find answers. >> we know as investigators that the people in connecticut, the people of this town of newtown, want to know what happened. we are going to do that. we are going to provide them any and all information. we'll paint a crystal clear picture as much as we possibly can. >> reporter: in response to the shooting here in newtown, connecticut, dick's a sporting good retailer has decided to remove all guns from stores nearest to newtown. they also say they plan on suspending the sale of certain semi-automatic rifles nationwide. reporting in newtown, connecticut, i'm renee marsh. >> anything gun related is coming under scrutiny and
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that's what's happening in the south bay. cbs 5 reporter cate caugiran has more on a soon-to-open store in los gatos that plans on selling guns. and cate, that's apparently provoking a strong reaction there, right? >> reporter: that's right. this is the spot templar sports that's set to open this week. it's a store that's divided this town. templar sports on university avenue will offhand guns, shotguns and rifles along with fishing equipment and sports goods. some neighbors are asking the town council to enact a law to prohibit gun sales or require a conditional use permit. critics say they were not given enough notice about a gun store and some argue why buy guns in the first place? >> i can't understand why -- why anyone would use an assault weapon or why you would even have it. you don't use it for anything but to shoot people. >> i think it's safer because you have two policemen over there working and everything like that and we're more well protected now than we were before. >> i'm not negative about the guns. i would be more nervous there was a liquor store or a 7-
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eleven across the street or a jewelry store that gets robbed all the time. >> reporter: we spoke to the business owner across the street who says he is okay and is not concerned about safety. supporters for the sporting goods store say this is a much- needed local business. now, the los gatos town council will take up the issue of conditional use permits in february. in los gatos, cate caugiran, cbs 5. >> thank you. sentencing for the man convicted of killing two people at the richmond/san rafael bridge toll plaza has been delayed until next month. a postponement comes at the request of the killer nathan burris. cbs 5 reporter elissa harrington explains why. >> i want closure. >> reporter: but closure for the families of deborah ross and ersie everette known as chuck will have to wait. the sentencing has been delayed to january 18. the two were gunned down at the richmond/san rafael bridge
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tollbooth in 2009. nathan burris was ross' ex- boyfriend. the sentencing was supposed to happen today after the jury gave him the death penalty in november. family members were prepared to read impact statements and instead nathan burris and his advisory counsel spoke asking for a new date. burris says he has no access to library or research and prepare. he is defending himself. >> to me he is a joke. he is trying to do anything he can to stay in the county jail. >> we're used to his antics now. we expect he is going to do something. you kind roll of with the punches. but the main thing that we know, this is coming to an end. we'll be able to move on. >> reporter: he is known for outbursts in court and today he started yelling and cursing at the victim's family members. they just laughed. they say it's important that he knows what he says no longer affects them. in martinez, elissa harrington, cbs 5. concord police are looking for the thieves who rammed a
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stolen car through a gamestop store and got thousands of dollars of worth of electronics. security alarms at the store in the clayton valley shopping center went off about 4:00 this morning. and when employees got there, they found a honda accord inside and glass everywhere. the workers said that ipods and ipads were stolen. in other news around the bay two people were taken to the hospital after this crash in san jose. officers say the driver of the subaru station wagon struck a toyota on oakland road this morning. the impact pushed the toyota into a nearby train crossing. the train tracks weren't damaged. the car, another story. a portion of the marsh creek road in clayton between pine lane and deer valley road is still closed. a pipe under the road has failed and a potential sinkhole starting to form. people living in the area will be able to get in and out, but there is no word yet on when the road will reopen. still ahead, a toymaker takes its toy off store shelves
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over a potentially deadly hazard. plus the "fiscal cliff" is getting closer and closer. >> i'm danielle nottingham on capitol hill. coming up, are the president and house republicans close to a deal on the "fiscal cliff"? >> and you snapped it and shared it so why is instagram going to sell it? the new rules users need to know. >> and we got clear blue skies all across the bay area. it is cold out there, though. it's getting colder still overnight tonight. in fact, we have freeze warnings posted for parts of the bay area. we'll tell you where plus a look at your seven-day forecast coming up. ,,,,,,,,,,,,,,,,
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taking out a train on its w down.. seven cars were derailed..
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t take a look at this mountainside near everett, washington, giving way taking out a train on the way down. 7 cars derailed. but that's the only thing that spilled. there were no hazardous chemicals involved. how did they have a camera? >> i don't know. amazing video. after weeks of deadlock, there are signs a deal on the "fiscal cliff" may be close. cbs reporter danielle nottingham is in washington, d.c. with the very latest on the negotiations and the looming deadline. >> reporter: michelle and brian, house speaker john boehner told his fellow republicans in the house that he still is trying to work out a deal with the white house. but he also said he is moving on the fallback plan. house speaker john boehner met with fellow republicans this morning to discuss president obama's "fiscal cliff" proposal. the speaker also began work on a so-called plan b to prevent a tax increase in case he doesn't reach a deal with the white house before january 1.
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>> our plan b would protect american taxpayers who make a million dollars or less. >> reporter: the white house quickly rejected boehner's backup proposal. >> the so-called plan b that's been put out there achieves nothing. he would lose hundreds of buffalos dollars of revenue. >> reporter: the president initially insisted on letting tax cuts expire for households making $250,000 a or more. but the new white house counter proposal raises that threshold to $400,000. for the first time, the president is willing to accept some reduction in future cost of living benefit increases for social security recipients. in addition to his negotiations with the president, boehner has another challenge, convincing gop conservatives to accept any increases in income taxes. many republicans believe tax increases will hurt small businesses. this person owns a company that installs voice and data networks. he is willing to pay his share of higher taxes, if he gets
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something in return. >> there has to be a reform in entitlements. there has at least reduction in spending in terms of federal government spending. >> reporter: even though the "fiscal cliff" deadline is the end of the year, congress still needs time to vote on a deal avoid taxes going up for all of americans and across-the-board spending cuts. white house press secretary jay carney released a statement saying, boehner's plan b does not ask enough of the wealthiest americans and cannot pass the senate. on capitol hill, danielle nottingham, cbs 5. back to you. >> thank you. instagram says it now has the right to sell your photos. it's in its first big policy shift since facebook bought the photo sharing site. instagram claims the right to sell users' photos without payment or notification. and there's no way to opt out unless you close your account. the policy takes effect january 16. well, the sun is out but the temperature is falling. it's 5 to 10 degrees cooler
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today than yesterday at this time. and elizabeth has the latest on this big chill. >> that's right. it's going to be colder still overnight tonight. yeah, bundle up if you are heading outdoors. it is cold outside. hi-def doppler kind of taking a break. we are seeing a few lingering showers. you can see it out there. mainly staying offshore. but we are still keeping about a 20% chance of showers just along the coast. the rest of the bay area look at this blue skies everywhere you go. it is going to get colder still tonight. and then the wet weather is making a comeback by later on this week. we'll tell you when coming up. in the meantime, look at this. just a gorgeous day except for the cool temperatures outside. we are seeing a lot of 40s, low 50s. 51 livermore. 50 degrees in santa rosa. 47 degrees in concord. so overnight tonight, we actually have several freeze advisories and warnings in effect. we have a freeze warning in effect for the north day and frost advisories in the east and south bay valleys and along
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the bay. so yeah, it's going to get extra cold below freezing in a lot of spots. temperatures in the 20s to low 40s. and it's really going to get really cold around sunrise. so you can see what's going on here. we have that area of low pressure bringing us cool breezy conditions. we have a cold air mass sitting over the bay area. and then we are closely watching this, a second low and it's coming on thursday and that's going to bring us a good bunch of rain thursday and looks like it's right on into the weekend. so forecast for today afternoon highs we are not going to rise by much. we are barely going to squeeze out some low to mid-50s. 5 5 in oakland. 53 concord 5. 2 napa. 53 degrees in fairfield. it's really these overnight lows we're closely watching. 20s up in santa rosa. 28 in santa rosa napa. 29 in fairfield. looks like 39 degrees overnight in oakland. checking your forecast over the next several days the really cold days will be today, tomorrow and rain returns on
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thursday through the weekend. for now it looks like christmas eve should be dry. that's a check of your seven- day forecast. back to you guys. >> thank you. most of the teenagers chosen for students rising above are growing up without their parents, like our student we're featuring today. and in her case, she was saved by someone who was just a kid herself. wendy tokuda explains. >> reporter: if you need a little hope this holiday season, this is a good story for you. our student tonight is rising above with a lot of help from her older sister. reporter: they are much more than sisters. their mother died when jeanell was only 4 and jassmin has been raising her little sister primarily on social security survivor benefits. >> we're a team. so if one of us falls, the other has to help us. >> made a promise to myself that i would take care of jeanell so she could have at least a close enough type of life that she would have had if my mom were alive. >> we simplified the equation so the y intercept is 1. >> reporter: jeanell is a senior at berkeley high on track for college, but it
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wasn't that way before she transferred here. >> she had had already academic failures. her grades were low. she had no confidence. >> reporter: their father has a gambling addiction. after their mother died, it got worse. he would leave for days or weeks. >> what did you think? that he wouldn't come back and it was my fault that i was a bad daughter, that i shouldn't be loved. >> reporter: he moved them to the philippines, then back to hayward. he gambled away his money. jassmin remembers one particular time when there was no food. >> i remember i was just rummaging for pennies and went to like a nearby liquor store and bought bread because i remembered we had like peanut butter. >> reporter: finally it got so bad, jassmin at the age of 17 took total custody of 10-year- old jeanell. jassmin was working and when she got into cal and started commuting, jeanell was often alone. >> no one was there to protect me or no one really cared even
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though really my sister really, really cared and i appreciate her so much for that. >> reporter: but jeanell was struggling. her grades dropped to a 1.7. that's when the sisters moved to berkeley and jassmin gave jeanell a talk. >> even though you have some bad points in your life, you don't make that keep your down. you have to keep going. >> reporter: jeanell decided to make a change. >> if my grandma, if my mom, if my sister could do it all, then i can, too. and if i have gone this far, then i could go even further. >> reporter: her grades climbed to a b average. she took harder classes. >> she is amazing. she laughs more. she smiles all the time. >> reporter: when jeanell turns 18 her social security survivor benefits will end. she is not sure what she will do then. but she does know one thing. >> i don't want to give up and i want to be successful. and i don't want anything to stop me from that. >> this holiday season, consider the gift of education to help jeanell and other kids like her go to college. go to and when we come back, we all do it. but a holiday habit could cost
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you what researchers say years off your life. that's next. ,,,,,,,, [ male announcer ] december is customer appreciation month at subway restaurants.
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saying thanks is a great deal because we're offering $2 six inch subs -- the cold cut combo or meatball marinara. $2 each, all december long. appreciation tastes amazing! hurry in for your $2 sub. subway. eat fresh.
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under the christmas tree.. y called "water balz".. and o similiar varieties.. have bn you might want to double- check with under the christmas tree because a toy called "water balz" and other similar varieties have been recalled. the little toys absorb water and expand to 400 times their original size, which could prove a big problem if a child were to swallow one. in other health news, if you overdo it during the holidays a new study shows how
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much it's going to cost you. researchers found each day of smoking, indulging in a couple of drinks, eating red meat and watching tv can take 30 minutes off your life expectancy per day. each day of more healthy habits can admins back on. >> that's good to know. tony tantillo is taking us around the bay today with a stop in old oakland and a dish he says is to die for. >> reporter: i'm in downtown oakland. the restaurant, borga italia. we're going to make a wonderful winter dish that's going to feel good and comforting. >> pork sausage that's typically featured with lentils and a potato puree on a dish. >> olive oil in the pan. this is the base. it's the parsley, carrots, onions, and celery. and together, it adds the air rowmatic you add white wine and chicken sauce.
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in 20 minutes it looks like this. i'll try it. >> go for it. >> mmm... what you're doing is browning the top of the potato puree on the side and now next the potato puree, lentils, then finish it with the [ non- english language ] >> lentil and potatoes, hearty, delicious. from the downtown district of oakland, i'm tony tantillo, and this is tony's table. now, i get to try it. heaven! >> i knew he was going to say that. >> yup. >> for more from tony and for today's recipes, log on to our website, >> wonder if tony is cooking in a gender-neutral oven. >> hasbro would approve. we'll tell you why in a few minutes. ,, [ female announcer ] this is a special message from at&t.
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[ female announcer ] and with u-verse tv you can record four shows at once on your total home dvr and play them back in any room. [ male announcer ] so call now. u-verse triple-play bundles start at $89 a month. now get the same great price for two years. [ female announcer ] with a total home dvr included, free for life. [ male announcer ] it's a triple-play bundle that's hard to beat. same great price. two whole years. price promise. [ female announcer ] that has a nice ring to it. [ male announcer ] only from at&t. ♪ recent donation afforded the purchase of enough food to 63,000 meals. noelle fischer-herbert, vice welcome back. we have some very generous people in our studio this afternoon. we're continuing our "food for bay area families" food drive and today, with a check presentation is pacific service credit union. and we have noelle and kristin and larry of course with the food bank. so noelle, we'll start with you. you have been participating in this for almost a decade. >> 9 years we have worked with the food bank to help them in their mission to provide to those in need in the communities that we serve.
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it's been a great partnership and it's worked very well and fed many, many people. >> okay. paco, drum roll, please... what is our big reveal? >> this yea 64,000 meals. >> it translates into 64,000 meals, the work we've done. >> awesome. larry this is a big donation. >> pacific service is very tight in the local community than kind of support is a good demonstration of what they do to make things better for folks in need. >> 64,000 people will be very happy. thank you so much. happy holidays. if you want to help as well, you can check out our website, and you can help "food for bay area families." back to you guys. >> thank you. that is great news. thanks so much. really appreciate it. the easy-bake oven is going gender-neutral. it's all thanks to a girl who started and online petition to get hasbro to make it in colors other than purple and pink. thousands of signatures later
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hasbro says they are granting the wish. black, silver and even a blue oven. they will include boys in their ads, as well. >> finally 49ers new star quarter colin kaepernick predicted his future exactly back in the fourth grade. >> this is cute. take a look at his letter he wrote to himself. in he expected to be 6'4" tall when he grew up and play for the 9ers. he also said though he would grow to weigh 140 pounds. yeah, he was off on that by 100 pounds. but the rest of it came true. kaepernick, by the way, didn't almost play football. he almost played baseball. captions by: caption colorado ,,,,,,,, ,,,,,,,,,,,,
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>> katie: answer me. the kiss between you and my husband-- do you have feelings for bill? >> brooke: i can't believe taylor came to you with this. >> katie: (sighs) she wasn't trying to be malicious. she was just concerned. should she be? should i? >> taylor: i know about the kiss, bill-- a kiss, obviously, you and brooke don't want anyone else


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